Australian Business Sponsors and Employers – looking to engage overseas employees
Starting – what visa type?
There are many Australian business sponsor and employers looking for overseas employees. This can be due to their unique skills, a shortage of skilled people on the market or many other reasons. It is important to understand that each time the Australian business sponsor wishes to sponsor an employee they will have to present a significant amount of documents and the process is not always straight forward.
On many occasions, we have talked with frustrated Employers who do not understand why immigration does not support their cases, a situation most visible in regional Australia. Unfortunately this is the way it is and the only thing we can do is to make sure that you get the best possible support that we can provide.
In most cases, the biggest issue is to gather relevant, consistent and strong evidence, presented the way the Department of Immigration expects. That is our role. This is what a Migration Agent is appointed to do.
We are not only collecting documents and supplying them to the relevant body, our daily job is to make sure you know what is happening. Your case is presented the way in which Immigration expects it.
The first step is to decide if the visa class matches your employees skills and your expectations of them. There are a few options you can choose from: temporary or permanent visa. The one you choose depends on the level of qualification and skills of your employee, your location, the English skills of the employee and many other factors. To choose correctly, you may contact us and we will assist you with that.
What is important to consider?
- where is your business located?
- how long business had been operating?
- size of the business, how many employees are employed?
- what is company structure?
- what position you want to fill and how it fits to the general scope of the business
- are you looking to apply fro temporary or permanent visa. Your obligations as a Australian business sponsor are very different there.
How to apply for visa as Australian business sponsor?
As with any type of the visa, at this stage we recommend to use professional services. There is many reasons for it.
- Each type of Australian business sponsorship will require many sensitive information about your business.
- Financial, registration, employment and much more documents will be carefully analyse.
- Detailed and well calculated data from accountant will be required.
- You will be taking some important commitment and it is good to have somebody who may explain them to you.
- Between different type of Australian business sponsorship are small differences and it is important to choose carefully.
Visa has been granted, what now?
This is not the end of the process, it is the beginning. From now on as an employer you have obligations. Your obligations as a Australian business sponsor are especially important for temporary visas, as Immigration has a strong monitoring system and your obligations are quite high. Most important:
- Keep very good records, time sheets, annual leave forms, payslips etc.
- Keep up with your training expenses. For more about training obligations for 457 sponsorship read here.
- Make sure superannuation, tax and other entitlements are payed accordingly
- Keep up with wages. Wages must be adjusted accordingly during employment.
- Inform about changes, like address, partnerships etc
For our clients we offer basic monitoring, to make sure they are up to date with changes and regulations. Doing this will help the employee to apply for Permanent Residency (PR) in a transitional arrangement and it may save a lot of trouble for employer.
Employees who finish their 2 years on 457 visa, can apply for a PR visa based on transitional arrangements, which are easier and more favorable than direct stream. To do so, your business must meet all requirements.
Visa has finished, what now?
PR visas like RSMS or ENS require your employee to stay with you for two years. After that time, they may stay with you or leave. In both situations, you don’t have to do a thing.
If your employee was on a 457 visa and has finished their contract accordingly (as when the visa was granted) you don’t have to do a thing; but if the contract ceased before its nominated day, you have 10 days to inform immigration about it. This is important as otherwise you may be punished for it and it will affect your future applicants.
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